Tag: News

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB)

Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records. The Facts In 2016, the Claimant, a young woman suffering from … Continue reading When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) →

RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer

Isaac Hogarth of 12 King’s Bench Walk, instructed by Jasicca Nava of Irwin Mitchell successfully represented the claimant (‘C’) in her claim against Dr King (‘D’). The settlement, reached at a JSM, was approved by HHJ Dunne, sitting as a judge of the High Court on 13 October 2023. The facts In 2013, when ALB … Continue reading RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer →

RKT v Essex Partnership University NHS Foundation Trust: Isaac Hogarth secures large settlement for patient who suffered total colectomy with permanent ileostomy and significant exacerbation to pre-existing schizophrenia, weeks before High Court trial

Isaac Hogarth of 12 King’s Bench Walk, instructed by Alisha Puri of Irwin Mitchell successfully represented the claimant (‘C’) in his claim against Essex Partnership University NHS Foundation Trust (‘D’), weeks before the start of a trial on causation and quantum. The settlement of £600,000 was subsequently approved by Deputy High Court Judge Clare Padley.

AB v Salisbury NHS Foundation Trust: settlement approved in short life expectancy clinical negligence claim

William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Victoria Williams of Stewarts successfully represented the claimant (“C”), a protected party, in her claim against Salisbury NHS Foundation Trust (“D”). A compromise was reached on the basis of an offer made at a video Joint Settlement Meeting (JSM) which was subsequently approved by Master Sullivan.

COVID 19 Vaccine – questions of safety and civil liability

The Medicines and Healthcare Regulatory Agency (“MHRA”) has given Pfizer-BioNTech’s COVID-19 mRNA Vaccine BNT162b2 temporary authorisation under regulation 174 of the Human Medicines Regulations 2012, which enables temporary authorisation to be granted in response to situations such as pandemics. In this blog, which is the first of a two-part series, Cressida Mawdesley-Thomas considers when there could be civil liability for an unlicensed vaccine. It also considers the conditions imposed by the MHRA for the granting of the temporary authorisation to Pfizer-BioNTech’s COVID-19 vaccine.

William Audland QC and Isaac Hogarth settle Spinal Epidural Haematoma Clinical Negligence Claim at JSM weeks before liability trial

William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Hugh Johnson of Stewarts successfully represented the claimant (“C”) in his claim against University College London Hospitals NHS Trust (“D”), weeks before the start of a trial on liability, achieving a settlement of £4.5 million at a video Joint Settlement Meeting (JSM).

COVID-19 and Clinical Negligence Claims

Here, Henry Charles, Michael Brace and Lizzie Boulden explain why they consider that COVID-19 related clinical negligence claims arising out of redeployed healthcare professionals are unlikely to succeed on the present law. This should provide considerable comfort to healthcare professionals who are not only bravely risking their lives, but who are also working in unfamiliar roles in the national effort to fight the pandemic.